Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases which are not defined in this article but are defined in other ordinances of the city shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article.
Antique Vehicle.
A passenger car or truck that is at least 25 years old.
City.
The City of Sundown, Hockley County, Texas.
Junked Vehicle.
(1) 
Any vehicle that is self-propelled and:
(A) 
Does not have lawfully attached to it:
(i) 
An unexpired license plate; or
(ii) 
A valid motor vehicle inspection certificate;
(B) 
Is wrecked, dismantled or partially dismantled or discarded; or
(C) 
Is inoperable and has remained inoperable for more than:
(i) 
Seventy-two hours if the vehicle is on public property; or
(ii) 
Thirty consecutive days if the vehicle is on private property.
(2) 
The term “junked vehicle” shall also include:
(A) 
An aircraft that does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under Federal Aviation Administration aircraft registration regulations in 14 C.F.R. part 47; or
(B) 
A watercraft that:
(i) 
Does not have lawfully on board an unexpired certificate of number; and
(ii) 
Is not a watercraft described by section 31.055, Parks and Wildlife Code.
Junked Vehicle Parts.
Parts from a junked vehicle.
Motor Vehicle Collector.
A person who:
(1) 
Owns one or more antique or special interest vehicles; and
(2) 
Acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest.
Officer.
Any peace officer, code enforcement officer or other regularly salaried, full-time city employee authorized to enforce this article.
Person.
An individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity.
Special Interest Vehicle.
A motor vehicle of any age that has not been changed from original manufacturer’s specifications and, because of its historic interest, is being preserved by a hobbyist.
(Ordinance 520 adopted 6/10/14)
A junked vehicle, including a part of a junked vehicle, that is visible at any time of the year from a public place or public right-of-way, is detrimental to the safety and welfare of the general public; tends to reduce the value of private property; invites vandalism; creates a fire hazard; is an attractive nuisance creating a hazard to the health and safety of minors; and is detrimental to the economic welfare of the city by producing urban blight which is adverse to the maintenance and continuing development of the city. As such, these vehicles are declared to be a public nuisance.
(Ordinance 520 adopted 6/10/14)
(a) 
It shall be unlawful for any person to maintain, possess, or locate a junked vehicle or parts or portions thereof, within the city, in violation of this article.
(b) 
A person who maintains a public nuisance as described herein commits a misdemeanor offense punishable as provided in Section 1.109 of this code.
(c) 
No culpable mental state shall be required for a conviction under this article.
(d) 
The municipal court shall order abatement and removal of the nuisance on conviction.
(Ordinance 520 adopted 6/10/14)
(a) 
Whenever an officer has reason to believe and does believe that a person is in violation of this article, the officer shall provide not less than 10 days’ notice of the nature of the nuisance. The notice must be personally delivered or sent by certified mail with a 5-day return requested to:
(1) 
The last known registered owner of the nuisance;
(2) 
Each lienholder of record of the nuisance; and
(3) 
The owner or occupant of:
(A) 
The property on which the nuisance is located; or
(B) 
If the nuisance is located on a public right-of-way, the property adjacent to the right-of way.
(b) 
The notice must state that:
(1) 
The nuisance must be abated and removed not later than the 10th day after the date on which the notice was personally delivered or mailed; and
(2) 
Any request for a hearing must be made before that 10-day period expires.
(c) 
If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, personally delivered.
(d) 
If notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the 11th day after the date of the return.
(Ordinance 520 adopted 6/10/14)
An owner or occupant who desires a hearing shall present such request to the municipal court clerk either in person or in writing, and the municipal court clerk shall thereafter set a date for such hearing before the municipal court judge and shall notify the party requesting such hearing of the time and date of the hearing. The hearing shall be held not earlier than the 11th day after the date of the service of the notice.
(Ordinance 520 adopted 6/10/14)
A hearing under this article shall be before the municipal court judge.
(1) 
Any person that requests such hearing may testify, furnish witnesses, and cross-examine witnesses.
(2) 
At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(3) 
If the information is available at the location of the nuisance, a resolution or order requiring the removal of the nuisance must include:
(A) 
For a motor vehicle, the vehicles:
(i) 
Description;
(ii) 
Vehicle identification number; and
(iii) 
License plate number.
(B) 
For an aircraft, the aircraft’s:
(i) 
Description; and
(ii) 
Federal aircraft identification number as described by Federal Aviation Administration aircraft registration regulations in 14 C.F.R. part 47.
(C) 
For a watercraft, the watercraft’s:
(i) 
Description; and
(ii) 
Identification number as set forth in the watercraft’s certificate of number.
(4) 
For good cause shown, a hearing may be postponed one time.
(Ordinance 520 adopted 6/10/14)
The relocation of a junked vehicle that is a public nuisance to another location within the corporate city limits after a proceeding for the abatement or removal of the public nuisance has commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.
(Ordinance 520 adopted 6/10/14)
(a) 
In addition to having jurisdiction as set out in the Texas Government Code and this code, the municipal court shall have full power to issue all orders deemed necessary to enforce any and all provisions of this article, including but not limited to issuance of search warrants in accordance with applicable law, orders authorizing the appropriate officer to enter upon property and remove and dispose of, or impound, any junked vehicle or part thereof.
(b) 
Procedures for abatement and removal of a public nuisance under this article must be administered by regularly salaried, full-time employees of the municipality. Any person authorized by the municipality may remove the nuisance.
(c) 
A person authorized to administer the procedures under this article may enter private property to examine a public nuisance, to obtain information to identify the nuisance, and to remove or direct the removal of the nuisance.
(Ordinance 520 adopted 6/10/14)
(a) 
In the event that an owner or occupant does not request a hearing as outlined in this article, or in the event of the return of an undelivered notice and the passage of eleven (11) days from said return, then an order may be issued by the municipal court authorizing such nuisance to be abated, or authorizing the officer to enter upon the property of the owner or occupant and remove such junked vehicle or part thereof.
(b) 
A junked vehicle, including a part of a junked vehicle, may be removed to a scrapyard or a motor vehicle demolisher. A vehicle removed shall not be reconstructed or made operable.
(c) 
The officer or any other duly authorized person shall give notice to the Texas Department of Motor Vehicles within five (5) days after the date of removal and identify the vehicle or part thereof that was removed.
(Ordinance 520 adopted 6/10/14)
The procedures adopted under this article do not apply to a vehicle or vehicle part:
(1) 
That is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or
(2) 
That is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector’s property, if the vehicle or part and the outdoor storage area, if any, are:
(A) 
Maintained in an orderly manner;
(B) 
Not a health hazard; and
(C) 
Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery; or
(3) 
Any motor vehicle stored as the property of a member of the Armed Forces of the United States who is on active duty assignment.
(Ordinance 520 adopted 6/10/14)